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China: Proposed amendments to Patent Examination Guidelines

Désolé. Actuellement, cette page n'existe pas en français.

In April 2019, the Chinese Patent Office (CNIPA) released draft amendments of the Patent Examination Guidelines. The public was invited to submit comments by 5 May 2019. CNIPA revises its Guidelines regularly every few years to improve the quality and efficiency of examination. When the new Chinese Patent Law - currently also under revision - enters into force, further amendments to the Guidelines may be necessary in light of the patent law changes. Major changes include the following:

  • Divisional Applications: clarification of time frame for filing divisional applications in case of non-unity
  • Graphical User Interfaces: examples for specifying GUI designs in titles of patents have been included; submission of drawings for GUI has been specified
  • Inventive Step for Invention Patent Applications: examiners' evaluation of inventive step by using a "problem-solution approach" has been clarified
  • Invalidation: combination of references to be examined in invalidation suits has been clarified

Further changes are, among other things, related to search requirements, meetings and interviews with applicants and the evaluation of the legal protection of stem cells.

An English version of the current Examination Guidelines (2010) can be accessed on CNIPA's website. The proposed changes are currently available in Chinese only.

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